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Absence of evidence showing refusal to serve shippers does not warrant any inference, one way or the other, as to whether an applicant for a permit is a common or contract carrier.-American Range Lines, Inc., 260 I. C. C. 362(368)*.

While towage and freighting are distinct types of service, in a combined operation each is entitled to equal weight as evidence of bona fide operation as a common carrier.-Ohio River Co., 260 I. C. C. 501 (506)*.

Amendments, see footnotes, vol. 11, p. 9632.

Volume 11-p. 9632

Additional heading:

7. Restriction of operation.

1. Construction and interpretation.— To require the commission, before granting a certificate, to find actual inability on the part of existing carriers to acquire facilities necessary for future transportation needs, would constitute a limitation on its powers not found in the act.-United States v. Detroit & C. Nav. Co., 326 U. S. 236 (240)*.

5. Competition.-Part II, §207(a), n. 7**.

Even though there is adequate service by rail and highway, it may be questioned whether that fact alone would warrant denial of the water-car

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rier application. That there are certain inherent advantages in transportation by water was observed by the commission in 260 I. C. C. 589.-Commercial Barge Lines, Inc., Extension, 260 I. C. C. 701 (709).

That other water carriers may seek rights to serve the port is no bar to granting the instant application. Each application is decided on its own merits. -Newtex S. S. Corp., 260 I. C. C. 418 (421).

Protestant does not perform lessthan-bargeload service. Its contention that all of applicant's traffic should be handled under an interchange arrangement whereby protestant would tow applicant's barges, is without merit.

Commercial Barge Lines, Inc., Extension, 260 I. C. C. 405(407)*.

The commission's doubt that public interest will be adequately served if

In action to set aside order amending certificate authorizing transportation of general commodities, to property loaded in freight cars received from and delivered to rail carriers without transfer, evidence showing carrier's expenditures of funds and large commitments in reliance upon the original certificate, is pertinent to allegation that the amendment would deprive it of property without just compensation, without due process of law; will not be stricken.-Seatrain Lines, Inc. v. United States, 64 Fed. Supp. 156(161)*.

ing carriers, is entitled to the same respect as its expert judgment on other complicated transportation matters. Authorization of applicant sustained.United States v. Detroit & C. Nav. Co., 326 U. S. 236(241)*.

That need for service from certain points might occur is not the public convenience and necessity contemplated by the act.-Commercial Barge Lines, Inc., Extension, 260 I. C. C. 701 (710).

While applicant's authority as to origins will be limited, the commission may properly be more liberal in respect of destination territory in connection with specialized operations in trans

tion in grant of permanent authority in respect of the commodities with which the cars may be laden is inappropriate.-Foss Launch & Tug Co. Extension, 260 I. C. C. 525(542, 543)*.

Non-revenue freight, §303(f), n. 10. 19. Towage. Since applicants will be authorized to transport commodities generally by non-self-propelled vessels with separate towing vessels, specific authority to perform towage of shippers' barges will not be granted. Towage of empty barges is a part of such operation and may be continued under the authority granted. Terrebonne

Towing Co., Inc., Exemption, 260 I. C. C. 551 (553)*.

Carriers whose certificates or permits do not specifically authorize performance of towage are without authority to engage in such operations.—Id., p. 554.

In administration of Part III, the Division has treated freight-car ferry service as transportation not embraced within the authority covering the "transportation of commodities generally."-Foss Launch & Tug Co., 260 I. C. C. 395(397)*; Id., Extension, 260 I. C. C. 525(526)*.

25. Necessity, demand, for service in general.-Part II, §207(a), n. 25**.

lated commodities.-Id., p. 710.

Authority to transport rejected shipments on return to points at which the out-bound traffic originates should, as a matter of course, follow the grant of out-bound authority.-Id., p. 711.

While discontinuance of service by applicant's predecessor caused by sale of vessels to British interests due to the war, would have caused applicant to lose any "grandfather" rights it may have had if its predecessor had seasonably filed application, no prejudicial inference can be drawn therefrom respecting applicant's right to operate in the future.-Newtex S. S. Corp., 260 I. C. C. 418 (421).

Although other carriers perform a service similar to that of applicant, his services have been available and used to such an extent that his past operations are persuasive evidence that he is fulfilling a public need and that continuance should be authorized.-Evans, 260 I. C. C. 229(230).

Applicant has developed a specialized service in transportation of automobiles and should be permitted to perform such service wherever the needs of the public require, with haulage of accessories and general commodities.-Commercial Barge Lines, Inc., Extension, 260 I. C. C. 405(408)*.

Although applicant has been asked to render service to points where large new installations are being made, and believes it should have permanent authority, temporary authority can be granted promptly enough to take care of such exigencies.-Foss Launch & Tug Co. Extension, 260 I. C. C. 525 (535)*.

One instance of wasteful transportation does not settle the issue of whether applicant is entitled to operating rights sought.-Id., p. 538.

Evidence of the hazards of transportation through a certain pass has no bearing on whether there is need for proposed service-Id., p. 539.

That occasions will arise when service may be required between points where there is now no certificated operator, does not constitute the public convenience and necessity which the act requires as an antecedent to issuance of certificate.-Id., p. 544.

26. Fitness; financial ability.-When the sponsor of a new and specialized type of operation is capable of bearing such losses as might be encountered without jeopardizing its ability to serve the public, the question whether an operation will be profitable assumes more of a private than a public nature. -Commercial Barge Lines, Inc., 260 I. C. C. 700(710).

I. C. C. 525(527)*; financial resources substantial.-Newtex S. S. Corp., 260 I. C. C. 418(419).

50. Operation in connection with other business, or for applicant's convenience.-Subsidiary of a coal company, authorized; 260 I. C. C. 501.

65. Extension of operations.-In determining an application for expanded territorial authorization, the commission must initially determine whether the shippers concerned are adequately served.-Commercial Barge Lines, Inc., Extension, 260 I. C. C. 701(708).

The commission's findings in a "grandfather" proceeding do not affect the rights which an applicant may have on application for extension of its services.-Central Barge Co., 260 I. C. C. 329 (340)*.

There is no other car-ferry service available, the shipper desires that applicant's services be continued, and applicant's operation affords the shipper a connection with four transcontinental rail carriers. Temporary authority made permanent.-Foss Launch & Tug Co. Extension, 260 I. C. C. 525 (542)*.

Applicant has specially designed facilities; protestant is not so equipped. Applicant also intends to handle shipments in less-than-bargeload quantities but could not do so if required to operate solely with the use of automobilecarrying vessels. Extension authorized.

Additional heading:

1. Construction and interpretation. 1. Construction and interpretation.— The terms or conditions or limitations which may be imposed by the commission under §309 (d) cannot sanction the

transmuting of a common carrier by water of commodities generally into a car-ferry. Seatrain Lines, Inc. v. United States, 64 Fed. Supp. 156(159)*.

All certificates are granted subject to §309(d). No action of the holder

father" period, permit will be limited to specific commodities in lots of 500 tons or more for not more than 3 shippers on any one voyage. - American Range Lines, Inc., 260 I. C. C. 362 (369)*; Marine Transport Lines, Inc., 260 I. C. C. 620(621)*; Atwacoal Transp. Co., 260 I. C. C. 409 (414)*.

As applicants devote their separate towing vessels to service of individual shippers, the portion of their permit which will authorize performance of general towage will be subject to limitation that they may not include the vessels of more than one shipper in the same tow.-Colle Towing Co., 260 I. C. C. 681 (685).

Since applicant furnished no vessels except tank barges, authority will be limited to that type, but such vessels may, as in the past, include those so constructed as to accommodate deck, in addition to, liquid cargo. Koch-Ellis Marine Contractors, Inc., 260 I. C. C. 566(567).

Amendments, see footnotes, vol. 11, p. 9636.

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22. Evidence. Consideration of transportation of specifically exempted bulk commodities is not helpful in determining rights to future operating authority.—Atwacoal Transp. Co., 260 I. C. C. 409(415)*.

Evidence of past operations has been considered by the commission in several proceedings involving granting of operating authority covering services designated as new operations.-Beardslee Launch & Barge Service Extension, 260 I. C. C. 623 (625).

25. Necessity, demand for service, in general. Transportation of canned goods for a single shipper on but three occasions in 1941 does not demonstrate such requirement by present or future

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public convenience and necessity or consistency with the public interest as to warrant authorization. Atwacoal Transp. Co., 260 I. C. C. 409 (415)*.

Applicant's past towing operations which require no commission authorization, do not warrant authorizing a general towage service.-Id., p. 415.

Although the testimony related in part to transportation which applicant is authorized to continue, applicant's past, satisfactory, operations were more extensive than specified in its permit. Resumption authorized. Beardslee Launch & Barge Service Extension, 260 I. C. C. 623 (627).

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